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ITAT condones Delay of 163 days as Section 143(1) Intimation received late

September 5, 2022 429 Views 0 comment Print

ITAT held that the assessee has not wilfully delayed the filing of appeal and we find that there is no negligence on the part of the assessee, as the assessee has filed appeal manually in time.

Misleading Weight Loss Programme Ads amounts to Unfair Trade Practice

August 29, 2022 3543 Views 0 comment Print

The act of the appellants of giving false assurances on one hand by way of misleading advertisements and on the other hand, obtaining declaration from the consumers qua no guarantee/assurance regarding the result and outcome of the programme, is a clear example of unfair trade practices adopted by them

Section 41(1) addition not justified for loan creditors

August 29, 2022 1092 Views 0 comment Print

In the instant case, admittedly, it is loan creditors and not a trading liability. So, the assessee has not obtained allowance or deduction in computing the profits and gains of business or profession in respect of assessment of any year.

Section 249(4)(b): Appeal cannot be submitted when ITR was filed

August 29, 2022 6933 Views 0 comment Print

Section 249(4)(b) of Income Tax Act, 1961 cannot be invoked when return of income filed by assessee was selected for scrutiny and assessment

Business Losses set-off allowable against Speculative Income

August 29, 2022 4113 Views 0 comment Print

ITAT held that unabsorbed business losses can be set off against any income from business, be it speculative or otherwise.

Sales promotion expenses not allowable if no nexus with business 

August 29, 2022 2439 Views 0 comment Print

Prity Tubes Pvt. Ltd. Vs JCIT (ITAT Kolkata) Coming to the next issue of sales promotion and advertisement expenses, we note that despite several queries and opportunities made available by the authorities below, the assessee has not been able to establish the nexus between the expenses incurred and the business of the assessee. Assessee has […]

Income Tax Reassessment without supplying reason is Invalid

August 29, 2022 2166 Views 0 comment Print

Recording of reasons before initiation of reassessment proceedings & communication thereof to assessee is sine qua non that goes to root of matter

Addition for money received from customers in old Notes – ITAT directs Assessee to furnish full details

August 28, 2022 1557 Views 0 comment Print

Shri Palanisamy Chinnasamy Vs ITO (ITAT Chennai) In this case, The assessment was completed under section 144 r.w.s. 144(1)(b) of the Act by making addition of ₹.5,34,000/- under section 69A of the Act on the ground that the money received from the customers on various dates in old notes cannot be accepted a genuine as […]

Late Filing of Audit Report not disentitle Trust from availing Section 11 benefit

August 28, 2022 6375 Views 0 comment Print

Non-filing of Audit Report in Form 10B along with Return of Income is merely a procedural defect which is rectifiable. If the Audit Report was available with the assessee at the time of filing of Return of Income and was not filed due to bonafide reasons the benefit of exemption under section 11 cannot be denied if otherwise assessee is eligible to claim the same.

No violation of Competition law by MSRDC in tendering of CDA in HIPs: CCI

August 28, 2022 1218 Views 0 comment Print

CDA as a waterproofing material used in any civil structure involving cement/concrete in HIPs, such as expressways, dams, hydro or thermal power projects, etc.

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